The Impact of the Supreme Court’s Admissions Decisions on Independent Schools

Brian Garrett headshot
Brian B. Garrett
Director, Litigation Department and Chair, Education Law Practice Group
Andrew R. Hamilton
Director, Litigation Department
Photo of Connor W. Harding
Connor W. Harding
Associate, Litigation Department
Published: NAIS
June 30, 2023

Additionally republished from the Enrollment Management Association’s The Yield magazine, September 2023.

On June 29, 2023, the U.S. Supreme Court handed down the latest in a series of consequential decisions regarding the use of race as a factor in higher education admissions processes. While the impact of its decision on higher education institutions is somewhat straightforward, what is less clear is how its ruling impacts K-12 independent schools.

This article will examine the Supreme Court’s decision and the relevance that the decision has on independent schools throughout the United States. In particular, with the understanding that the Supreme Court’s ruling has little direct legal impact on most independent schools, this article will analyze how the legal framework applicable to independent schools could be impacted moving forward. Finally, this article will provide practical steps that independent schools should consider in responding to this latest legal development.

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